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:: 1 :: TA 9289/2020

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

(RESERVED)

Hearing through video conferencing

Transfer Application No. 9289/2020

Reserved on: - 28.08.2025

Pronounced on: - 19.12.2025

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

1. Rahul Kumar, Age 21 years S/o Sh. Kartar Nath, R/o Kather Tehsil

& District Jammu.

2. Joginder Singh, Age 31 years S/o Thakur Dass Tehsil & District

Doda.

3. Parveen Kumar, Age 21 years S/o Yesh Paul, Tehsil Ramnagar &

District Udhampur.

4. Jugal Kishore, Age 22 years S/o Vakil Chand Tehsil & District

Reasi.

…Applicants

(Advocate: - Mr. G.S. Thakur,)

Versus

1. State of Jammu & Kashmir, Through Commissioner Secretary

to Govt; Home Department, Civil Secretariat, Jammu.

2. Director General of Police, J&K Police Headquarter, Jammu.

3. Inspector General of Police, Chairman Police Recruitment

Board, Police Headquarter, Jammu.

HARSHIT Digitally signed by

YADAV HARSHIT YADAV

:: 2 :: TA 9289/2020

…Respondents

(Advocate:- Mr. Rajesh Thappa, Ld. AAG)

HARSHIT Digitally signed by

YADAV HARSHIT YADAV

:: 3 :: TA 9289/2020

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2490/2018 was transferred from the Hon’ble High Court

of Jammu & Kashmir at Jammu and was registered as T.A

No.9289/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking

following relief: -

a) “Writ of Certiorari quashing the order no.6310 of 2018 dated

26-11-2018 passed by the respondent no.2 by virtue of which

the case of the petitioners for appointment and selection against

the post of constable against the advertisement notification

2016/59220-320 dated 08-10-2016 has been no.pers-A-38-

rejected by attributing that the petitioners had applied from

District Srinagar and Anantnag being the domicile of District

Doda, Udhampur and Reasi.

b) With further writ of Mandamus commanding the respondents to

appoint the petitioners as constable who qualified the eligibility

test and as per clause III of the advertisement notification, the

petitioners are eligible to apply for more than one District and

as such qualified the eligibility test therefore, deserves to be

appointed at par with the similar situated candidates who

applied for more than one District and have been selected.

c) With further writ of Mandamus commanding the respondents to

accord consideration to the selection and appointment of the

petitioners alongwith all consequential benefits from the date of

publication of the selection list and appointment of similar

situated candidates.

d) Any other writ or direction as this Hon'ble Court may deem fit

and proper in the facts and circumstances of the case.It is

therefore respectfully prayed that in view of the submissions

made hereinabove and those to be urged during the course of

HARSHIT Digitally signed by

YADAV HARSHIT YADAV

:: 4 :: TA 9289/2020

arguments the writ petition may kindly be allowed as prayed in

the title of the writ petition.”

3. The facts of the case as pleaded by the petitioners in their pleadings

are as follows: -

a) The present Transfer Application arises out of SWP No.

2490/2018, which was originally instituted before the Hon’ble

High Court of Jammu & Kashmir at Jammu and, upon transfer,

has been registered as TA No. 9289/2020 before this Tribunal.

b) The applicants are permanent residents of the erstwhile State of

Jammu & Kashmir and belong to the Scheduled Caste category.

They claim to be fully eligible for appointment to the post of

Constable in IRP/Armed/Executive Police pursuant to

Advertisement Notification No. Pers-A-38-2016/59220-320

dated 08.10.2016 issued by the Police Recruitment Board, J&K.

Under the said advertisement, a total of 4340 vacancies were

notified across various districts, including 345 posts earmarked

for Scheduled Caste candidates.

c) As per the advertisement notification, the prescribed eligibility

conditions required the candidates to be matriculate, between

18 and 28 years of age, and to qualify the Physical S